Tipping the scales of justice

By Steve Buckley

Published: Friday, May 31, 2013 at 10:45 PM.

Justitia, or Lady Justice as we know her, personifies what is supposed to be justice under the law. Blindfolded, she represents the concept that “justice is blind.” In her right hand, Lady Justice holds scales that represent equality of the law. She clasps a sword in her left hand — a symbol that justice can enforce the law. Equal Justice Under the Law is written above the entrance to the Supreme Court of the United States. The symbolism of Lady Justice and the concept of equal justice under the law are the cornerstones of our legal system.

On Sept. 22, 2011, seven North Dakota oil producers were sued by the U.S. Attorney’s office for the deaths of 28 migratory waterfowl. The birds apparently flew into catchment ponds built to contain oil from spilling. Despite the fact that the oil companies had no control over where the birds flew or landed, they were prosecuted and fined. OK. If there is equal justice under the law, the wind farms that accounted for the deaths of 2,000 eagles would have been sued. They were not. The penalty for killing an eagle in the United States is $250,000. The wind farms can’t control where eagles fly, and they are blameless, but the oil companies are not. Perhaps justice is not blind in the U.S. Attorney’s office.

In August of 2011, federal agents dressed in SWAT gear and armed with assault rifles raided Gibson Guitar Corp. plants in Nashville and Memphis. Employees were escorted outside and pallets of wood, electronic files and several guitars were seized. The crime? Using wood that allegedly was obtained illegally from India and Madagascar. Several issues have come to light. One, if this was a crime, it is a civil matter — not a criminal matter. There was no need whatsoever for a SWAT team other than to intimidate. Two, after investigating further it was found that the fault was improper paperwork provided by the Indian exporter. Three, Henry Juszkiewicz, the CEO of Gibson Guitar had made contributions to Republican politicians.

As well as Gibson, America has another famous guitar company, C.F. Martin and Co. of Bethlehem, Pa. According to its catalog, they use “East Indian Rosewood” in several of their models. That is the same wood that was found in the offending Gibson guitars. There were no SWAT raids at C.F. Martin and Co. No wood was seized. Production wasn’t shut down. What may not come as a surprise is that C.F. Martin IV is a longtime Democratic contributor. According to Investor’s Business Daily, Martin has given more than $35,000 to Democratic candidates and the Democratic National Committee over the past few election cycles. Apparently, in Eric Holder’s Justice Department the scales are tilted toward the Democrats.

The Justice Department’s unconstitutional seizure of phone records from the Associated Press and from Fox News reporter James Rosen do not need to be rehashed here. The actions were wrong. These are all recent actions. We cannot forget the Fast and Furious fiasco that led to the death of a U.S. border patrol agent. Nor can we forget Holder’s citation for contempt of Congress. He should get a pass on this, however. Most people are contemptuous of Congress.

Mr. Holder’s actions bring to mind one name — John Mitchell. John Mitchell was Richard Nixon’s Attorney General. This is what Wikipedia has to say about Mr. Mitchell:

“On Feb. 21, 1975, Mitchell was found guilty of conspiracy, obstruction of justice, and perjury and sentenced to two and a half to eight years in prison for his role in the Watergate break-in and cover-up, Tape recordings made by President Nixon and the testimony of others involved confirmed that Mitchell had participated in meetings to plan the break-in of the Democratic Party’s national headquarters in the Watergate Hotel. In addition, he had met, on at least three occasions, with the president in an effort to cover up White House involvement after the burglars were discovered and arrested.”

Justitia, or Lady Justice as we know her, personifies what is supposed to be justice under the law. Blindfolded, she represents the concept that “justice is blind.” In her right hand, Lady Justice holds scales that represent equality of the law. She clasps a sword in her left hand — a symbol that justice can enforce the law. Equal Justice Under the Law is written above the entrance to the Supreme Court of the United States. The symbolism of Lady Justice and the concept of equal justice under the law are the cornerstones of our legal system.

On Sept. 22, 2011, seven North Dakota oil producers were sued by the U.S. Attorney’s office for the deaths of 28 migratory waterfowl. The birds apparently flew into catchment ponds built to contain oil from spilling. Despite the fact that the oil companies had no control over where the birds flew or landed, they were prosecuted and fined. OK. If there is equal justice under the law, the wind farms that accounted for the deaths of 2,000 eagles would have been sued. They were not. The penalty for killing an eagle in the United States is $250,000. The wind farms can’t control where eagles fly, and they are blameless, but the oil companies are not. Perhaps justice is not blind in the U.S. Attorney’s office.

In August of 2011, federal agents dressed in SWAT gear and armed with assault rifles raided Gibson Guitar Corp. plants in Nashville and Memphis. Employees were escorted outside and pallets of wood, electronic files and several guitars were seized. The crime? Using wood that allegedly was obtained illegally from India and Madagascar. Several issues have come to light. One, if this was a crime, it is a civil matter — not a criminal matter. There was no need whatsoever for a SWAT team other than to intimidate. Two, after investigating further it was found that the fault was improper paperwork provided by the Indian exporter. Three, Henry Juszkiewicz, the CEO of Gibson Guitar had made contributions to Republican politicians.

As well as Gibson, America has another famous guitar company, C.F. Martin and Co. of Bethlehem, Pa. According to its catalog, they use “East Indian Rosewood” in several of their models. That is the same wood that was found in the offending Gibson guitars. There were no SWAT raids at C.F. Martin and Co. No wood was seized. Production wasn’t shut down. What may not come as a surprise is that C.F. Martin IV is a longtime Democratic contributor. According to Investor’s Business Daily, Martin has given more than $35,000 to Democratic candidates and the Democratic National Committee over the past few election cycles. Apparently, in Eric Holder’s Justice Department the scales are tilted toward the Democrats.

The Justice Department’s unconstitutional seizure of phone records from the Associated Press and from Fox News reporter James Rosen do not need to be rehashed here. The actions were wrong. These are all recent actions. We cannot forget the Fast and Furious fiasco that led to the death of a U.S. border patrol agent. Nor can we forget Holder’s citation for contempt of Congress. He should get a pass on this, however. Most people are contemptuous of Congress.

Mr. Holder’s actions bring to mind one name — John Mitchell. John Mitchell was Richard Nixon’s Attorney General. This is what Wikipedia has to say about Mr. Mitchell:

“On Feb. 21, 1975, Mitchell was found guilty of conspiracy, obstruction of justice, and perjury and sentenced to two and a half to eight years in prison for his role in the Watergate break-in and cover-up, Tape recordings made by President Nixon and the testimony of others involved confirmed that Mitchell had participated in meetings to plan the break-in of the Democratic Party’s national headquarters in the Watergate Hotel. In addition, he had met, on at least three occasions, with the president in an effort to cover up White House involvement after the burglars were discovered and arrested.”

I hope the sword of Justice falls on Attorney General Holder.

The IRS scandal keeps getting worse. On Wednesday, the Wall Street Journal reported that a Pennsylvania pro-Israel group called Z Street’s application for non-profit status was held up for special consideration. When asked about the slow approval process, the IRS auditor on the case, Diane Gentry told the group’s founder “the application was taking so long because auditors were supposed to give special scrutiny to groups ‘connected with Israel.’ Ms. Gentry further explained that many applications related to Israel had to be sent to ‘a special unit in D.C. to determine whether the organization’s activities contradict the Administration’s public policies.” It is remarkable that President Obama has the gall to say that he supports free speech.

Martin Niemöller (1892-1984) was a prominent Protestant pastor who emerged as an outspoken public foe of Adolf Hitler and spent the last seven years of Nazi rule in concentration camps. He is best remembered for this quotation:

“First they came for the Socialists, and I did not speak out —

Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out —

Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out —

Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.”

Steve Buckley is a retired newspaper executive and former publisher of the Times-News. He lives in Elon.